As Reported by the Senate Judiciary Committee 1 122nd General Assembly 4 Regular Session Am. H. B. No. 463 5 1997-1998 6 REPRESENTATIVES MASON-THOMAS-SALERNO-MEAD-TIBERI-GARCIA-MYERS- 8 TAYLOR-FORD-BEATTY-LEWIS-METELSKY-OPFER-TAVARES- 9 SENATORS LATTA-B. JOHNSON 10 12 A B I L L To amend section 1901.08 of the Revised Code to 14 create one additional judge for the Franklin 15 County Municipal Court and to declare an 16 emergency. 17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19 Section 1. That section 1901.08 of the Revised Code be 21 amended to read as follows: 22 Sec. 1901.08. The number of, and the time for election of, 31 judges of the following municipal courts and the beginning of 32 their terms shall be as follows: 33 In the Akron municipal court, two full-time judges shall be 35 elected in 1951, two full-time judges shall be elected in 1953, 36 one full-time judge shall be elected in 1967, and one full-time 37 judge shall be elected in 1975. 38 In the Alliance municipal court, one full-time judge shall 40 be elected in 1953. 41 In the Ashland municipal court, one full-time judge shall 43 be elected in 1951. 44 In the Ashtabula municipal court, one full-time judge shall 46 be elected in 1953. 47 In the Athens county municipal court, one full-time judge 49 shall be elected in 1967. 50 In the Auglaize county municipal court, one full-time judge 52 shall be elected in 1975. 53 2 In the Avon Lake municipal court, one part-time judge shall 55 be elected in 1957. 56 In the Barberton municipal court, one full-time judge shall 58 be elected in 1969, and one full-time judge shall be elected in 59 1971. 60 In the Bedford municipal court, one full-time judge shall 62 be elected in 1975, and one full-time judge shall be elected in 63 1979. 64 In the Bellefontaine municipal court, one full-time judge 66 shall be elected in 1993. 67 In the Bellevue municipal court, one part-time judge shall 69 be elected in 1951. 70 In the Berea municipal court, one part-time judge shall be 72 elected in 1957, term to commence on the first day of January 73 next after election, and one part-time judge shall be elected in 75 1981, term to commence on the second day of January next after 76 election. The part-time judge elected in 1987 whose term 77 commenced on January 1, 1988, shall serve until December 31, 1993, and the office of that judge is abolished, effective on the 78 earlier of December 31, 1993, or the date on which that judge 79 resigns, retires, or otherwise vacates judicial office. 80 In the Bowling Green municipal court, one full-time judge 82 shall be elected in 1983. 83 In the Bryan municipal court, one full-time judge shall be 85 elected in 1965. 86 In the Cambridge municipal court, one full-time judge shall 88 be elected in 1951. 89 In the Campbell municipal court, one part-time judge shall 91 be elected in 1963. 92 In the Canton municipal court, one full-time judge shall be 94 elected in 1951, one full-time judge shall be elected in 1969, 95 and two full-time judges shall be elected in 1977. 96 In the Celina municipal court, one full-time judge shall be 98 elected in 1957. 99 3 In the Champaign county municipal court, one part-time 101 judge shall be elected in 1983. 102 In the Chardon municipal court, one part-time judge shall 104 be elected in 1963. 105 In the Chillicothe municipal court, one full-time judge 107 shall be elected in 1951, and one full-time judge shall be 108 elected in 1977. 109 In the Circleville municipal court, one full-time judge 111 shall be elected in 1953. 112 In the Clark county municipal court, one full-time judge 114 shall be elected in 1989, and two full-time judges shall be 115 elected in 1991. The full-time judges of the Springfield 116 municipal court who were elected in 1983 and 1985 shall serve as 117 the judges of the Clark county municipal court from January 1, 118 1988, until the end of their respective terms. 119 In the Clermont county municipal court, two full-time 121 judges shall be elected in 1991. 122 In the Cleveland municipal court, six full-time judges 124 shall be elected in 1975, three full-time judges shall be elected 125 in 1953, and four full-time judges shall be elected in 1955. 126 In the Cleveland Heights municipal court, one full-time 128 judge shall be elected in 1957. 129 In the Clinton county municipal court, one full-time judge 131 shall be elected in 1997. The full-time judge of the Wilmington 132 municipal court who was elected in 1991 shall serve as the judge 133 of the Clinton county municipal court from July 1, 1992, until 134 the end of that judge's term on December 31, 1997. 135 In the Conneaut municipal court, one full-time judge shall 137 be elected in 1953. 138 In the Coshocton municipal court, one full-time judge shall 140 be elected in 1951. 141 In the Crawford county municipal court, one full-time judge 143 shall be elected in 1977. 144 In the Cuyahoga Falls municipal court, one full-time judge 146 4 shall be elected in 1953, and one full-time judge shall be 147 elected in 1967. 148 In the Dayton municipal court, three full-time judges shall 150 be elected in 1987, their terms to commence on successive days 151 beginning on the first day of January next after their election, 152 and two full-time judges shall be elected in 1955, their terms to 153 commence on successive days beginning on the second day of 154 January next after their election. 155 In the Defiance municipal court, one full-time judge shall 157 be elected in 1957. 158 In the Delaware municipal court, one full-time judge shall 160 be elected in 1953. 161 In the East Cleveland municipal court, one full-time judge 163 shall be elected in 1957. 164 In the East Liverpool municipal court, one full-time judge 166 shall be elected in 1953. 167 In the Eaton municipal court, one full-time judge shall be 169 elected in 1973. 170 In the Elyria municipal court, one full-time judge shall be 172 elected in 1955, and one full-time judge shall be elected in 173 1973. 174 In the Euclid municipal court, one full-time judge shall be 176 elected in 1951. 177 In the Fairborn municipal court, one full-time judge shall 179 be elected in 1977. 180 In the Fairfield municipal court, one full-time judge shall 182 be elected in 1989. 183 In the Findlay municipal court, one full-time judge shall 185 be elected in 1955, and one full-time judge shall be elected in 186 1993. 187 In the Fostoria municipal court, one full-time judge shall 189 be elected in 1975. 190 In the Franklin municipal court, one part-time judge shall 192 be elected in 1951. 193 5 In the Franklin county municipal court, two full-time 195 judges shall be elected in 1969, three full-time judges shall be 196 elected in 1971, seven full-time judges shall be elected in 1967, 197 one full-time judge shall be elected in 1975,andone full-time 198 judge shall be elected in 1991, AND ONE FULL-TIME JUDGE SHALL BE 199 ELECTED IN 1997. 200 In the Fremont municipal court, one full-time judge shall 202 be elected in 1975. 203 In the Gallipolis municipal court, one full-time judge 205 shall be elected in 1981. 206 In the Garfield Heights municipal court, one full-time 208 judge shall be elected in 1951, and one full-time judge shall be 209 elected in 1981. 210 In the Girard municipal court, one full-time judge shall be 212 elected in 1963. 213 In the Hamilton municipal court, one full-time judge shall 215 be elected in 1953. 216 In the Hamilton county municipal court, five full-time 218 judges shall be elected in 1967, five full-time judges shall be 219 elected in 1971, two full-time judges shall be elected in 1981, 220 and two full-time judges shall be elected in 1983. All terms of 221 judges of the Hamilton county municipal court shall commence on 222 the first day of January next after their election, except that 223 the terms of the additional judges to be elected in 1981 shall 224 commence on January 2, 1982, and January 3, 1982, and that the 225 terms of the additional judges to be elected in 1983 shall 226 commence on January 4, 1984, and January 5, 1984. 227 In the Hardin county municipal court, one part-time judge 229 shall be elected in 1989. 230 In the Hillsboro municipal court, one part-time judge shall 232 be elected in 1957. 233 In the Hocking county municipal court, one full-time judge 235 shall be elected in 1977. 236 In the Huron municipal court, one part-time judge shall be 238 6 elected in 1967. 239 In the Ironton municipal court, one full-time judge shall 241 be elected in 1951. 242 In the Jackson county municipal court, one full-time judge 244 shall be elected in 2001. On and afterthe effective date of245this amendmentMARCH 31, 1997, the part-time judge of the Jackson 247 county municipal court who was elected in 1995 shall serve as a full-time judge of the court until the end of that judge's term 248 on December 31, 2001. 249 In the Kettering municipal court, one full-time judge shall 251 be elected in 1971, and one full-time judge shall be elected in 252 1975. 253 In the Lakewood municipal court, one full-time judge shall 255 be elected in 1955. 256 In the Lancaster municipal court, one full-time judge shall 258 be elected in 1951, and one full-time judge shall be elected in 259 1979. 260 In the Lawrence county municipal court, one part-time judge 262 shall be elected in 1981. 263 In the Lebanon municipal court, one part-time judge shall 265 be elected in 1955. 266 In the Licking county municipal court, one full-time judge 268 shall be elected in 1951, and one full-time judge shall be 269 elected in 1971. 270 In the Lima municipal court, one full-time judge shall be 272 elected in 1951, and one full-time judge shall be elected in 273 1967. 274 In the Lorain municipal court, one full-time judge shall be 276 elected in 1953, and one full-time judge shall be elected in 277 1973. 278 In the Lyndhurst municipal court, one part-time judge shall 280 be elected in 1957. 281 In the Madison county municipal court, one full-time judge 283 shall be elected in 1981. 284 7 In the Mansfield municipal court, one full-time judge shall 286 be elected in 1951, and one full-time judge shall be elected in 287 1969. 288 In the Marietta municipal court, one full-time judge shall 290 be elected in 1957. 291 In the Marion municipal court, one full-time judge shall be 293 elected in 1951. 294 In the Marysville municipal court, one part-time judge 296 shall be elected in 1963. 297 In the Mason municipal court, one part-time judge shall be 299 elected in 1965. 300 In the Massillon municipal court, one full-time judge shall 302 be elected in 1953, and one full-time judge shall be elected in 303 1971. 304 In the Maumee municipal court, one full-time judge shall be 306 elected in 1963. 307 In the Medina municipal court, one full-time judge shall be 309 elected in 1957. 310 In the Mentor municipal court, one full-time judge shall be 312 elected in 1971. 313 In the Miami county municipal court, one full-time judge 315 shall be elected in 1975, and one full-time judge shall be 316 elected in 1979. 317 In the Miamisburg municipal court, one part-time judge 319 shall be elected in 1951. 320 In the Middletown municipal court, one full-time judge 322 shall be elected in 1953. 323 In the Mount Vernon municipal court, one full-time judge 325 shall be elected in 1951. 326 In the Napoleon municipal court, one part-time judge shall 328 be elected in 1963. 329 In the New Philadelphia municipal court, one full-time 331 judge shall be elected in 1975. 332 In the Newton Falls municipal court, one full-time judge 334 8 shall be elected in 1963. 335 In the Niles municipal court, one full-time judge shall be 337 elected in 1951. 338 In the Norwalk municipal court, one full-time judge shall 340 be elected in 1975. 341 In the Oakwood municipal court, one part-time judge shall 343 be elected in 1953. 344 In the Oberlin municipal court, one full-time judge shall 346 be elected in 1989. 347 In the Oregon municipal court, one full-time judge shall be 349 elected in 1963. 350 In the Ottawa county municipal court, one full-time judge 352 shall be elected in 1995, and the full-time judge of the Port 353 Clinton municipal court who is elected in 1989 shall serve as the 354 judge of the Ottawa county municipal court from February 4, 1994, 355 until the end of that judge's term. In the Painesville municipal court, one full-time judge 357 shall be elected in 1951. 358 In the Parma municipal court, one full-time judge shall be 360 elected in 1951, one full-time judge shall be elected in 1967, 361 and one full-time judge shall be elected in 1971. 362 In the Perrysburg municipal court, one full-time judge 364 shall be elected in 1977. 365 In the Portage county municipal court, two full-time judges 367 shall be elected in 1979, and one full-time judge shall be 368 elected in 1971. 369 In the Port Clinton municipal court, one full-time judge 371 shall be elected in 1953. The full-time judge of the Port 372 Clinton municipal court who is elected in 1989 shall serve as the 373 judge of the Ottawa county municipal court from February 4, 1994, 374 until the end of that judge's term. 375 In the Portsmouth municipal court, one full-time judge 377 shall be elected in 1951, and one full-time judge shall be 378 elected in 1985. 379 9 In the Rocky River municipal court, one full-time judge 381 shall be elected in 1957, and one full-time judge shall be 382 elected in 1971. 383 In the Sandusky municipal court, one full-time judge shall 385 be elected in 1953. 386 In the Shaker Heights municipal court, one full-time judge 388 shall be elected in 1957. 389 In the Shelby municipal court, one part-time judge shall be 391 elected in 1957. 392 In the Sidney municipal court, one full-time judge shall be 394 elected in 1995. 395 In the South Euclid municipal court, one part-time judge 397 shall be elected in 1951. 398 In the Springfield municipal court, two full-time judges 400 shall be elected in 1985, and one full-time judge shall be 401 elected in 1983, all of whom shall serve as the judges of the 402 Springfield municipal court through December 31, 1987, and as the 403 judges of the Clark county municipal court from January 1, 1988, 404 until the end of their respective terms. 405 In the Steubenville municipal court, one full-time judge 407 shall be elected in 1953. 408 In the Struthers municipal court, one part-time judge shall 410 be elected in 1963. 411 In the Sylvania municipal court, one full-time judge shall 413 be elected in 1963. 414 In the Tiffin municipal court, one full-time judge shall be 416 elected in 1953. 417 In the Toledo municipal court, two full-time judges shall 419 be elected in 1971, four full-time judges shall be elected in 420 1975, and one full-time judge shall be elected in 1973. 421 In the Upper Sandusky municipal court, one part-time judge 423 shall be elected in 1957. 424 In the Vandalia municipal court, one full-time judge shall 426 be elected in 1959. 427 10 In the Van Wert municipal court, one full-time judge shall 429 be elected in 1957. 430 In the Vermilion municipal court, one part-time judge shall 432 be elected in 1965. 433 In the Wadsworth municipal court, one full-time judge shall 435 be elected in 1981. 436 In the Warren municipal court, one full-time judge shall be 438 elected in 1951, and one full-time judge shall be elected in 439 1971. 440 In the Washington Court House municipal court, one 442 part-time judge shall be elected in 1951. 443 In the Wayne county municipal court, one full-time judge 445 shall be elected in 1975, and one full-time judge shall be 446 elected in 1979. 447 In the Willoughby municipal court, one full-time judge 449 shall be elected in 1951. 450 In the Wilmington municipal court, one full-time judge 452 shall be elected in 1991, who shall serve as the judge of the 453 Wilmington municipal court through June 30, 1992, and as the 454 judge of the Clinton county municipal court from July 1, 1992, 455 until the end of that judge's term on December 31, 1997. 456 In the Xenia municipal court, one full-time judge shall be 458 elected in 1977. 459 In the Youngstown municipal court, one full-time judge 461 shall be elected in 1951, and two full-time judges shall be 462 elected in 1953. 463 In the Zanesville municipal court, one full-time judge 465 shall be elected in 1953. 466 Section 2. That existing section 1901.08 of the Revised 468 Code is hereby repealed. 469 Section 3. The nomination of the new municipal court judge 471 of the Franklin County Municipal Court who is created by this act 472 and is to be elected in 1997 shall be by nominating petition that 473 is signed by at least one thousand electors, that is filed with 474 11 the board of elections, and that otherwise conforms to the 475 provisions of section 3513.261 of the Revised Code. The 476 nominating petition shall designate the term of the office to 477 which the candidate seeks election as provided in section 3513.28 479 of the Revised Code. Notwithstanding section 1901.07 of the 480 Revised Code or any other provision of law, the nominating petition shall be filed not later than four p.m. on September 1, 481 1997. 482 Notwithstanding section 3513.04 of the Revised Code, no 484 person is prohibited from seeking election as a new judge created 485 by this act because the person sought, by declaration of 486 candidacy, a party nomination for an office or position at the 487 May 1997, primary election. 488 Section 4. This act is hereby declared to be an emergency 490 measure necessary for the immediate preservation of the public 491 peace, health, and safety. The reason for this necessity is the 492 fact that the new judge created by this act is seriously needed 493 for the efficient and timely administration of justice in 494 Franklin county and in this state, and if the new judge is not 495 elected in 1997, the new judge otherwise cannot conveniently be 496 made available for service for an additional two years, which 497 would prolong delay, crowded court dockets, and inefficient 498 administration of justice. Therefore, this act shall go into 499 immediate effect. 500